People v. Banister

Summary

The New York Appellate Division, Second Department, affirmed an order designating Brian Banister a level three sex offender under the Sex Offender Registration Act. The court upheld the assessment of risk-assessment points and concluded that Banister failed to establish grounds for a downward departure from the presumptive risk level.

Holdings

1. The County Court properly assessed 15 points for a prior felony conviction, 15 points for a history of drug or alcohol abuse, and 20 points for unsatisfactory conduct while confined involving sexual misconduct.
2. The defendant was not entitled to a downward departure because he failed to identify and establish the required mitigating factor and supporting facts.

Questions Presented

1. Whether the County Court properly assessed points under SORA risk factors 9, 11, and 13.
2. Whether the defendant established a legally appropriate mitigating factor and supporting facts warranting a downward departure from the presumptive level three risk designation.

Disposition

affirmed